IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 2275-2292 OF 2005

BALBIR CHAND & ORS. .......APPELLANTS  

Versus

STATE OF PUNJAB .....RESPONDENT

WITH CIVIL APPEAL NO. 3708 OF 2006

JASWANT SINGH & ORS. .....APPELLANTS

Versus

STATE OF PUNJAB & ANR.      .....RESPONDENTS

O R D E R

Certain  lands  belonging  to  the  appellants,  

situated  in  the  villages  of  Neelpur  and  Sayedkheri  in  

Tehsil  Rajpura,  District  Patiala,  were  acquired  as  

additional  land  for  grain  market  in  pursuance  of  

preliminary  notification  dated  2.9.1981.   The  Land  

Acquisition Collector had awarded compensation at the rate  

of Rs.50,000/- per acre for chahi land, Rs.30,000/- per  

acre for gair mumkin land and Rs.4000/- per acre for barani  

land.  The Reference Court increased the compensation to  

Rs.1,00,000/- per acre for chahi land and Rs.60,000/- per  

acre for other types of land.  The High Court affirmed the  

same  by  judgment  dated  17.3.2004.   The  appellants,  not  

being satisfied with the compensation awarded, have filed  

these appeals by special leave.

...2.

- 2 -

2. The only submission made by the appellants is  

that the adjoining lands in both the villages were acquired  

for  the  very  same  purpose,  namely,  grain  market  in  

pursuance of preliminary notification dated 2.5.1980, that  

is about one year and four months prior to the present  

acquisition.  In  regard  to  the  said  acquisition,  the  

reference Court had awarded Rs.1,00,000/- for chahi land  

and  Rs.60,000/-  for  other  types  of  land.   That  was  

challenged  by  the  land  owners  and  the  High  Court  by  

judgment dated 19.8.1994 awarded Rs.1,70,000/- per acre for  

all types of lands.  It is not in dispute that the said  

judgment attained finality as the same was accepted by the  

State of Punjab.   

3. The lands which are the subject matter of the  

present acquisition, it is not disputed, are adjacent to  

the lands that were acquired in pursuance of notification  

dated  2.5.1980  and  for  the  same  purpose.   They  are  

similarly situated.  We are, therefore, of the view that  

the market value of Rs.1,70,000/- per acre determined in  

the  said  case  should  form  the  basis  for  awarding  the  

compensation in these cases.  As there is a difference of  

more than a year between the two acquisitions and having  

regard to the fact that the lands are in a rural area, we

are of the view that increase of compensation by 10%  over  

....3.

- 3 -

the earlier acquisition would meet the ends of justice.  

Accordingly, we determine the market value as Rs.1,87,000/-  

per acre.   

4. In view of the above, the appeals are allowed  

in part increasing the compensation to Rs.1,87,000/- per  

acre.  The appellants will be entitled to the statutory  

benefits and interest in terms of the Land Acquisition Act,  

1894.  Parties to bear their respective costs.

  ......................J.             (  R.V.  

RAVEENDRAN )

New Delhi;    ......................J. December 07, 2010.              ( A.K. PATNAIK )